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Jailing the Johns: the Issue of Demand in Sex Trafficking

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Jailing the Johns: the Issue of Demand in Sex Trafficking Florida A&M University College of Law Scholarly Commons @ FAMU Law Journal Publications Faculty Works 2012 Jailing the Johns: The Issue of Demand in Sex Trafficking Cheryl Page Follow this and additional works at: https://commons.law.famu.edu/faculty-research Part of the Human Rights Law Commons, and the International Law Commons JAILING THE JOHNS: THE ISSUE OF DEMAND IN HUMAN SEX TRAFFICKING Cheryl George* "The trade in human beings continues in our time and we are called by conscience and compassion to bring this cruel practice to an end." - George W. Bush' I. INTRODUCTION Slavery is an institution that many people believe no longer ex- ists. 2 Slavery has not ended and there are millions of innocent victims caught in this system. 3 This is not the slavery that was fought over in * Cheryl (Shelly) George is an Associate Professor of Law at the Lincoln Memorial University-Duncan School of Law in Knoxville, Tennessee. She currently teaches Criminal Law, Evidence, and Domestic Violence Law. She has taught Education Law, Civil Rights, International Human Rights, and International Human Rights: Global Sex Trafficking at the University of Innsbruck in Innsbruck, Austria. This Article was originally presented in Athens, Greece at the 8th Annual International Conference on Law sponsored by the Athens Institute for Education and Research, in July of 2011. The Florida Coastal Law Review deserves all of the recognition for editing and for the countless hours they put into making this Article what you see today. Their editing skills are superb and the Author is extremely grateful. I George W. Bush, News and Updates: PresidentSigns H.R. 972, Trafficking Victims Protection Reauthorization Act, HUMANTRAFFICKING.ORG (Jan. 2006, 1:33 PM EST), http://www.humantrafficking.org/updates/213. 2 See Office for Victims of Crime & Bureau of Justice Assistance, Dep't of Justice, Anti-Human Trafficking Task Force Strategy and Operations E-Guide: Understanding Human Trafficking, OVCTTAC, https://www.ovcttac.gov/TaskForce Guide/EGuide/Default.aspx (last visited Mar. 27, 2012) ("Human trafficking may be one of the least understood crimes in the United States. Often referred to as slavery without chains, it is a widespread and highly profitable crime, largely hidden from public view out of ignorance or denial of its existence in the United States."). 3 See, e.g., Jasna Vujin, Human Trafficking in the Balkans: An Inside Report, 4 INTERCULTURUAL Hum. RTs. L. REV. 267, 267-68 (2009) (noting there are between 27 million and 200 million people "who live in a [sic] slave like conditions"). 294 Florida Coastal Law Review [Vol. I3:293 the U.S. Civil War.4 This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service.5 Today, this form of slavery is better known as human traf- ficking.6 This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of a life of freedom and dignity. The United States is an active participant in the global sex trade.' As surprising as this may be to most Americans, victims of the global sex trade are trafficked in and out of this country on a daily basis.9 Most of the individuals victimized in this industry are women and children.' 0 Practically every state in the United States has sex traf- ficking occurring within its borders." If there are people living in the state, there is the potential for sex trafficking. As was true with the colonial slave trade, the numbers of those enslaved in this twenty-first century slavery have increased over time.12 And while it is impossible to retrieve accurate figures on the numbers involved (given the clandes- tine nature of this business, traffickers are not forthcoming with statis- tics)13 estimates show that "the numbers of women and children [who] 4 See, e.g., id. at 267 (noting that "traditional slavery" no longer exists in nearly every country in the world). 5 See, e.g., id. (noting that people are forced into slave-like conditions for commercial purposes). 6 See, e.g., id. 7 See, e.g., id. at 268 (describing the lives of the people forced into modem slavery). 8 See UNITED NATIONS OFFICE ON DRUGS & CRIME, THE GLOBAL INITIATIVE TO FIGHT HUMAN TRAFFICKING 7 (May 2007), availableat http://www.unodc.org/pdf/gift brochure.pdf (discussing the global issue of sex trafficking). 9 Chuck Neubauer, Sex Trafficking in the U.S. Called 'Epidemic', WASH. TIMES (Apr. 23, 2011), http://www.washingtontimes.com/news/20 I1/apr/23/sex-trafficking-us- called-epidemic/?page=all. 10 E.g., Vujin, supra note 3, at 268 (noting that victims of human trafficking are "predominantly women and children"). 11See Erin Bistricer, Note, "U" Stands for Underutilization: The U Visa's Vulnerability for Underuse in the Sex Trafficking Context, 18 CARDOZO J.L. & GENDER 449, 468-71 (2012) (discussing issues confronting state prosecution of sex trafficking). 12 Laura Lederer, Opposing and Preventing Global Sexual Trafficking, SALVATION ARMY, http://wwwl.salvationarmy.org/ihq/www-sa.nsf/vw-dynamic-arrays/B5DD72 A243Al 150B80256E49006C621E?openDocument (last visited Mar. 27, 2012). 13 UNITED NATIONS OFFICE ON DRUGS & CRIME, supra note 8, at 2. 2012] George 295 have been trafficked have multiplied so that they are now on par with estimates of the numbers of Africans who were enslaved in the 16th and 17th centuries."' 4 II. THE "JOHNS" For sex trafficking to be successful, there has to be a demand.' 5 Without demand, the multibillion-dollar industry would not prosper or even exist.16 In this industry, victims emanate from countries where the victims are easily brought in as sex slaves.17 Traffickers then send these victims to the destination country where men use these women and chil- dren as instruments for their own sexual pleasure.' While much research and discussion has focused on the supply side of sex trafficking, the demand side of sex trafficking rarely receives attention.' 9 Focusing on the demand side of sex trafficking is a key component in eradicating this problem.2 0 We need to investigate why there is a demand for women and children for use as sexual instruments for sexual deviants. As we explore the demand side of sex trafficking, we need to investigate what initiates this industry.2' It is clear that the demand for victims begins with them being used as either prostitutes or for free sexual favors.22 When there is a demand for sexual slaves, there are 14 Lederer, supra note 12 (alteration in original). Dr. Lederer, a senior state department adviser on trafficking, has studied sexual trafficking for twenty years at Harvard University. Id.; Laura J. Lederer, GEO. L., http://www.law.georgetown.edu/ faculty/facinfo/tab-faculty.cfm?Status=LLMAdjunct&ID=1785 (last visited Mar. 27, 2012). 15 Donna M. Hughes, Professor & Carlson Endowed Chair in Women's Studies at Univ. of R.I., The Demand: Where Sex Trafficking Begins at the Pontifical Gregorian University "A Call to Action: Joining the Fight Against Trafficking in Persons" Conference 1 (June 17, 2004), available at http://www.uri.edu/artsci/wms/hughes/ demand-rome-june04.pdf. 16 See id. 17 Id. 18 See id. at 2-3. 19 Id. at 1. 20 See infra note 24 and accompanying text. 21 See infra notes 22-69 and accompanying text. 22 See Hughes, supra note 15, at 1. 296 Florida Coastal Law Review [Vol. 13:293 pimps that will find these victims and supply them to the "Johns."23 Demand is the first link in the chain of sex trafficking.24 Four components comprise the demand for human sex traffick- ing: (1) the men purchasing commercial sex acts; (2) "the exploiters who make up the sex industry;" (3) the states that serve as destination countries; and (4) the cultures and environments that tolerate and pro- mote sexual exploitation.25 The concept that the demand originates from lonely men in un- satisfying relationships is merely a myth. 26 The truth is these men actu- ally have a greater number of sexual partners than those men who are not purchasing sex.27 The men who purchase sex are not unsatisfied; they simply seek something more and find excitement in the idea of finding a woman that "they can buy for a short time." 2 8 Many of these young women are purchased for as short as fifteen minutes at a time.29 The arousal stems from the thought of a sexual relationship without any attached responsibility. 30 Further, the men seek entertainment, sexual gratification, and acts of violence as they crave control and refuse to respect women. 3 1 Finally, the demand group "is comprised of men of all colors, races, and cultural, educational and socio-economic back- grounds."32 More often than not, these men develop the idea that they have a specific "right to sexual services in a way that results in igno- rance regarding the development of relationships based on equality, truth, intimacy and commitment." 33 23 Id. 24 See id. 25 DONNA M. HUGHES, THE DEMAND FOR VICTIMS OF SEX TRAFFICKING 7 (2005), available at http://www.uri.edu/artsci/wms/hughes/demand-foryvictims.pdf. 26 Id. 27 Id. 28 Id. 29 Peter Landesman, The Girls Next Door, N.Y. TIMES, Jan. 25, 2004, at 630 (illustrating that fifteen minutes of intercourse costs a mere four dollars and fifty cents). 30 See Hughes, supra note 15, at 2. 31 Id. 32 Norma Hotaling & Leslie Levitas-Martin, Increased Demand Resulting in the Flourishing Recruitment and Trafficking of Women and Girls: Related Child Sexual Abuse and Violence Against Women, 13 HASTINGS WOMEN'S L.J.
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